Case: 22-1997 Document: 53 Page: 1 Filed: 04/11/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ VIRNETX INC., Appellant v. APPLE INC., Appellee KATHERINE K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor ______________________ 2022-1997 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 95/001,697. ______________________ ORDER The parties having so agreed, it is ordered that: (1) The proceeding is DISMISSED under Fed. R. App. P. 42 (b).

Case: 22-1997 Document: 53 Page: 2 Filed: 04/11/2024

2 VIRNETX INC. V. APPLE INC.

(2) Each side shall bear their own costs.

FOR THE COURT

April 11, 2024 Date

ISSUED AS A MANDATE: April 11, 2024